{"data":{"id":"us-ok/okla.-stat.-tit.-45-45-729","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 45, § 45-729","heading":"Violations - Notice - Hearing - Enforcement - Informing of","body":"surface owners.\n\nThe Department of Mines shall notify the operator and the surety\n\nin writing of any claimed violation of the provisions of the Mining\n\nLands Reclamation Act or the rules of the Department. If the\n\nalleged violation is discovered as a result of a citizen complaint\n\nand the person claiming the violation states in writing the desire\n\nthat the source of the complaint be kept confidential, the\n\nDepartment shall maintain such information in confidence. If the\n\noperator denies the alleged violation, the Department shall hold a\n\nhearing on said charges. Said hearing shall be held not less than\n\nthirty (30) days from the notice of hearing.\n\nAt such hearing the operator shall have the right to present\n\nevidence in opposition to the claimed violation.\n\nIf upon such hearing the Department shall determine that a\n\nviolation has occurred, the Department shall make detailed findings\n\nof fact and conclusions of law. The surety, if applicable, may\n\nperform for the operator.\n\nIf the operator or surety, if applicable, fails to perform the\n\ncorrective work required by the Department or fails to properly\n\nperform said work, the Department may initiate permit revocation\n\nand/or bond forfeiture proceedings. After successful collection of\n\nthe security required by Section 728 of this title, the Department\n\nshall contract for the work to be done consistent with all state\n\nrequirements. The Department shall not issue any permits to an\n\noperator who has failed to perform such corrective work, or has\n\ndefaulted with respect to the bond or other security required by\n\nSection 728 of this title, until such obligations are met by the\n\noperator or his surety or agent, as determined by the Department.\n\nIf the Department determines that an entity or individual has\n\nmined without a permit in violation of Section 724 of this title,\n\nthe Department shall assess a fine of up to Ten Thousand Dollars\n\n($10,000.00) against the entity, individuals, or agents of said\n\nentity. Any agent is jointly and severally liable with its\n\nprincipal for such violation and any resulting fines.\n\nThe Department may pursue civil action for relief, including a\n\npermanent or temporary injunction, restraining order, or any other\n\nappropriate order in the district court for the district in which\n\nthe illegal mining operation is located, in which the entity,\n\nindividuals, or agents of said entity, have their principal offices,\n\nor in Oklahoma County, to enforce any Department action against the\n\nentity, individual, or agents. Further, the Department shall be\n\nentitled to recover penalties or fines assessed for mining without a\n\npermit from the entity, individuals or agents conducting said mining\n\nin violation of this title. The Department shall also be entitled\n\nto reasonable attorneys fees incurred in enforcing this provision.\n\nAll monies collected pursuant to this section shall be deposited in\n\nthe Department of Mines Revolving Fund.\n\nIn order to fully inform affected surface owners who have filed\n\na complaint of any alleged violations affecting the surface estate\n\nby an operator, the Department shall:\n\n1. Provide by mail to the affected surface owners who have\n\nfiled a complaint, a copy of any alleged violations affecting the\n\nsurface estate issued to the operator within five (5) days after\n\nsuch violation is cited;\n\n2. Notify the surface owners who have filed a complaint of any\n\nhearings in connection to alleged violations affecting the surface\n\nestate in the same manner and at the same time as the operator; and\n\n3. Provide surface owners who have filed a complaint with\n\ncomplete information on the disposition of all violations affecting\n\nthe surface estate cited at the same time the operator is notified.","path":["OK Code","Title 45"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os45.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"d718c649ed16ca103177dce1f00ab5c36fae87c0e467494943bd544636a623cb","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-45-45-728","next":"us-ok/okla.-stat.-tit.-45-45-730"},"notice":"GroundRules: Original legal text. Not legal advice."}